ROACH v. COMMISSIONER

Docket No. 4305.

4 T.C. 1255 (1945)

JOHN R. ROACH, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 30, 1945.


Attorney(s) appearing for the Case

Edward L. P. O'Connor, Esq., for the petitioner.

Scott A. Dahlquist, Esq., for the respondent.


The tax in controversy is income tax for the taxable year 1940 in the amount of $634.36.

The only question involved is whether certain liquidating dividends paid by a corporation to the petitioner during the taxable year were distributed in complete liquidation pursuant to a bona fide plan specifying a time limit, or whether they were distributed in partial liquidation. The applicable statute is section 115 (c) of the Internal Revenue Code prior to its amendment by...

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